By Texas criminal defense lawyer Jeremy Rosenthal
(972) 369-0577
I’m dedicating the next few weeks to blogging about defending domestic and family violence charges. In those blogs I’m discussing here and there the different charge and punishment levels of different assault cases but it’s not particularly reader friendly. Taking inventory of the different levels of punishment can be confusing so I thought I’d dedicate a blog to giving folks a straightforward index to the most common assault and domestic violence arrest scenarios.
So here it is.
Assault by offensive or provocative contact:
- Class c misdemeanor (fine only);
- Prosecuted in city court or in a Justice of the Peace Court;
- Can be prosecuted by municipal prosecutor (city court) or district attorney’s office (JP Court);
- Can still be subject to an affirmative finding of family violence.
Assault by threat:
- Class c misdemeanor (fine only);
- Prosecuted in city court or in a Justice of the Peace Court;
- Can be prosecuted by municipal prosecutor (city court) or district attorney’s office (JP Court);
- Can still be subject to an affirmative finding of family violence;
- Occurs where someone threatens another with imminent serious bodily injury or death;
- Can be subject to an affirmative finding of family violence;
Assault causing Bodily Injury:
- Class a misdemeanor (up to 1 year of jail, fine not to exceed $4k);
- 3rd degree felony with prior affirmative finding of family violence (2-10 years TDC & fine not to exceed $10k);
- Prosecuted by District Attorney’s Office;
- Jurisdiction in County Court at Law if charged as a misdemeanor;
- Jurisdiction in District Court if charged as a felony;
- Occurs where there is assault causing bodily injury;
- “Bodily injury” is physical pain, impairment of physical condition or illness
- Subject to affirmative finding of family violence.
Violation of a Protective Order
- Class a misdemeanor (up to 1 year of jail, fine not to exceed $4k);
- Prosecuted by District Attorney’s Office;
- Jurisdiction in County Court at Law;
- Occurs where a person violates an Emergency Protective Order
- Penalties can be more severe if more frequent violations/ and or violence occurred during the violation.
Assault by Choking (impeding the airway, normal breathing or blood circulation in the neck);
- 3rd Degree Felony (2-10 years TDC & fine not to exceed $10k);
- Prosecuted by District Attorney’s Office;
- Jurisdiction in District Court;
- Occurs where a person impedes the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth;
- Subject to affirmative finding of family violence;
Continuous Violence Against a Family Member;
- 3rd Degree Felony (2-10 years TDC & fine not to exceed $10k)
- Prosecuted by District Attorney’s Office;
- Jurisdiction in District Court;
- Occurs where a person commits two or more acts of assault causing bodily injury against a family member in a 12-month period;
- Subject to an affirmative finding of family violence.
Aggravated Assault (Serious Bodily Injury)
- 2nd Degree Felony (2-20 years TDC & fine not to exceed $10k);
- Prosecuted by District Attorney’s Office;
- Jurisdiction in District Court;
- Occurs where a person causes serious bodily injury injury (SBI)
- SBI is injury with a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of bodily member or organ
- Subject to affirmative finding of family violence;
Aggravated Assault (Use or Exhibit of a Deadly Weapon)
- 2nd Degree Felony (2-20 years TDC & fine not to exceed $10k);
- 1st Degree Felony (5-99 years or life & fine not to exceed $10k) if deadly weapon used in conjunction with serious bodily injury of a family member;
- Prosecuted by District Attorney’s Office;
- Jurisdiction in District Court;
- Occurs where a person ‘uses or exhibits’ a deadly weapon in the commission of an assault
- The assault is often assault by threat when a weapon is used to threaten
- Subject to affirmative finding of family violence;
- More legally complicated to qualify for probation or deferred adjudication;
- Not eligible for parole unless 50% or more of the sentence is fulfilled.
*Jeremy Rosenthal is certified in criminal law by the Texas Board of Legal Specialization. He is designated as a Texas Super Lawyer by Thomson Reuters.